Public comments for: Parking Violations Cross References defined in Rule 39-05

Comments

Comment:
The "Statement of Basis and Purpose" disqualifies from adoption the proposed rulemaking, because the planned amendment to 19 RCNY § 39-05 as introduced and described in the "Statement of Basis and Purpose" stokes the common public perception that New York City's parking violations operations dwell on revenue generation and not on the interests of justice and the statutory mandates for due process. _Vehicle and Traffic Law_ §§ 237(1) and 241(1) provide that the Department of Finance's Parking Violations Bureau must accept pleas to charges of parking violations and must hear and determine such charges, either sustaining or dismissing them, but the said "Statement of Basis and Purpose" only recognizes, curtly, "The Department [of Finance] adjudicates and then collects and processes these fines...." (A principled "Statement of Basis and Purpose" might have read: "The Department's hearing examiners accept pleas to charges of parking violations and make determinations either sustaining or dismissing them. The Department collects and processes assessed fines, penalties, and interest, if charges are ultimately sustained.") Consequently, while the text of the planned amendment to 19 RCNY § 39-05 is logical, the Law Department's "Certification pursuant to Charter §1043(d)" is ludicrous, given that the said "Statement of Basis and Purpose" colors parking fines as parking taxes. Contrary to the last paragraph of the “Notice of Opportunity to Comment on Proposed Rule,” this rulemaking effort does not satisfy the mandates of the _City Administrative Procedure Act_ and should be started over pursuant to the public purposes and step-by-step provisions of the Act.
Agency: DOF